A Pennsylvania state court has held that employees can bring lawsuits against their employers asserting claims under the state’s Medical Marijuana Act (MMA), which allows qualifying patients to obtain and use medical marijuana. The plaintiff in Palmiter v. Commonwealth Health Systems, Inc., filed a lawsuit against her employer after she was fired for testing positive for marijuana on an employer-administered drug test. Her employer filed preliminary objections to her complaint, arguing that the MMA did not provide for a private right of action to enforce its provisions. The Lackawanna County Court determined that, although the MMA does not explicitly allow employees to file lawsuits against their employers, the statute implies a private right of action.
